Patna High Court

Niharika NutanversusDharamsheela Kumari

Decided: 27 January 2026
Disposal: WITHDRAWN
Bench: SUDHIR SINGH RITESH KUMAR

Holding

The application is dismissed as withdrawn.

Summary

The petitioner, Niharika Nutan, filed a civil review (Letters Patent Appeal) before the Patna High Court. During the hearing, counsel for the petitioner sought permission to withdraw the application because the same issue is pending before the Supreme Court. The State’s counsel raised no objection to the withdrawal. The bench considered whether a pending matter before a higher court precludes withdrawal of a review application. It held that the petitioner may withdraw the application and consequently dismissed the application as withdrawn. No merits of the original dispute were adjudicated.

Issues considered

Whether a civil review application may be withdrawn when the same matter is pending before the Supreme Court?

Subjects

civil review
withdrawal of application
Supreme Court pending
procedural law
Patna High Court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CIVIL REVIEW No.24 of 2024
                                          In
                        Letters Patent Appeal No.113 of 2020
     ======================================================
     Niharika Nutan Wife of Sri Naveen Kumar Dwivedi, Resident of village
     Navgawan, P.O.- Dumariya Eestate, P.S.- Ram Nagar, District- West
     Champaran at Bettiah presently Pramukh of Block Panchayat Samiti, Ram
     Nagar, District - West Champaran at Bettiah.
                                                                 ... ... Petitioner/s
                                        Versus
1.    Dharamsheela Kumari Wife of Jitendra Kumar Rai, The then Pramukh of
      Block Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali, District - Vaishali
      at Hajipur.
2.   Hemant Kumar, Son of Sri Suresh Prasad Singh, Resident of village
     Bhagwanpur Rati, P.O.- Balukaram, P.S.- Vaishali, District - Vaishali at
     Hajipur, the then elected members of Block Panchayat Samiti, Vaishali, P.O.
     and P.S. Vaishali, District - Vaishali at Hajipur.
3.   Shailendra Prasad Singh, Son of Bharat Prasad Singh, Resident of village
     -Panchpaika, P.O.- Abul Hasanpur, P.S.- Vaishali, District - Vaishali at
     Hajipur, the then elected members of Block Panchayat Samiti, Vaishali, P.O.
     and P.S. Vaishali, District - Vaishali at Hajipur.
4.   Haridwar Pandey, Son of Sri Nand Kishore Pandey, Resident of village and
     P.O.- Abul Hasanpur, P.S.- Vaishali, District - Vaishali at Hajipur, the then
     elected members of Block Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali,
     District - Vaishali at Hajipur.
5.   Amrit Paswan, Son of Shiv Nandan Paswan Resident of village and P.O.-
     Dharampur, P.S.- Vaishali, District - Vaishali at Hajipur, the then elected
     members of Block Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali,
     District - Vaishali at Hajipur.
6.   Kishore Sah, Son of Late Nageshwar Sah Resident of village - Rasul Chak,
     P.O.- Balukaram, P.S.- Vaishali, District - Vaishali at Hajipur, the then
     elected members of Block Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali,
     District - Vaishali at Hajipur.
7.   Lalita Kumari, Wife of Sakaldeo Paswan Resident of village Kamtauliya,
     P.O.- Balukaram, P.S.- Vaishali, District- Vaishali at Hajipur, the then elected
     members of Block Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali,
     District - Vaishali at Hajipur.
8.   Sanoj Kumar Sahani, Son of Kailash Sahani Resident of village and P.O.-
     Vaishali, P.S.- Vaishali, District - Vaishali at Hajipur, the then elected
     members of Block Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali,
     District - Vaishali at Hajipur.
9.   Dharmendra Pandit, Son of Kamal Pandit Resident of village and P.O.-
     Hajpura, P.S.- Vaishali, District Vaishali at Hajipur, the then elected
     members of Block Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali,
     District - Vaishali at Hajipur.
10. Manzoor Alam, Son of Mahmood Alam Resident of village and P.O.- Daud
    Nagar, P.S.- Vaishali, District - Vaishali at Hajipur, the then elected members
Patna High Court C. REV. No.24 of 2024(3) dt.27-01-2026
                                             2/3




        of Block Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali, District -
        Vaishali at Hajipur.
  11. Sita Devi, Wife of Subodh Paswan Resident of village and P.O.- Amritpur,
      P.S.- Vaishali, District - Vaishali at Hajipur, the then elected members of
      Block Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali, District - Vaishali
      at Hajipur.
  12. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
  13. The Principal Secretary, Panchayati Raj Department Government of Bihar,
      Patna.
  14. The Director, Panchayati Raj Department, Government of Bihar, Patna.
  15. The District Magistrate, Vaishali at Hajipur, District - Vaishali at Hajipur.
  16. The Block Development Officer-cum- Executive Officer, Block Panchayat
      Samiti, Vaishali, District - Vaishali at Hajipur.
  17. Neelam Devi, Wife of Dinesh Singh The then Up- Pramukh of Block
      Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali, District- Vaishali at
      Hajipur.
  18. Gayatri Singh, Wife of not known to the petitioner the then elected members
      of Block Panchayat Samiti, Vaishali through the Block Development Officer
      -cum- Executive Officer Block Panchayat Samiti Vaishali, P.O. and P.S.-
      Vaishali District- Vaishali at Hajipur.
  19. Md. Naushad, Son of not known to the petitioner the then elected members
      of Block Panchayat Samiti, Vaishali through the Block Development Officer
      -cum- Executive Officer Block Panchayat Samiti Vaishali, P.O. and P.S.-
      Vaishali District- Vaishali at Hajipur.
  20. Bharat Ram, Son of not known to the petitioner the then elected members of
      Block Panchayat Samiti, Vaishali through the Block Development Officer
      -cum- Executive Officer Block Panchayat Samiti Vaishali, P.O. and P.S.-
      Vaishali District- Vaishali at Hajipur.
  21. Sunaina Devi, Wife of not known to the petitioner the then elected members
      of Block Panchayat Samiti, Vaishali through the Block Development Officer
      -cum- Executive Officer Block Panchayat Samiti Vaishali, P.O. and P.S.-
      Vaishali District- Vaishali at Hajipur.
  22. Sandhya Kumari, Wife of not known to the petitioner the then elected
      members of Block Panchayat Samiti, Vaishali through the Block
      Development Officer -cum- Executive Officer Block Panchayat Samiti
      Vaishali, P.O. and P.S.- Vaishali District- Vaishali at Hajipur.
  23. Neelam Devi, Wife of not known to the petitioner the then elected members
      of Block Panchayat Samiti, Vaishali through the Block Development Officer
      -cum- Executive Officer Block Panchayat Samiti Vaishali, P.O. and P.S.-
      Vaishali District- Vaishali at Hajipur.
  24. Sulekha Devi, Wife of not known to the petitioner the then elected members
      of Block Panchayat Samiti, Vaishali through the Block Development Officer
      -cum- Executive Officer Block Panchayat Samiti Vaishali, P.O. and P.S.-
      Vaishali District- Vaishali at Hajipur.
  25. Meena Devi, Wife of not known to the petitioner the then elected members
      of Block Panchayat Samiti, Vaishali through the Block Development Officer
          Patna High Court C. REV. No.24 of 2024(3) dt.27-01-2026
                                                       3/3




                    -cum- Executive Officer Block Panchayat Samiti Vaishali, P.O. and P.S.-
                    Vaishali District- Vaishali at Hajipur.
               26. Priya Rani, Wife of not known to the petitioner the then elected members of
                   Block Panchayat Samiti, Vaishali through the Block Development Officer
                   -cum- Executive Officer Block Panchayat Samiti Vaishali, P.O. and P.S.-
                   Vaishali District- Vaishali at Hajipur.
               27. Anil Kumar, Son of not known to the petitioners the then elected members
                    of Block Panchayat Samiti, Vaishali through the Block Development Officer
                    -cum- Executive Officer Block Panchayat Samiti Vaishali, P.O. and P.S.-
                    Vaishali District- Vaishali at Hajipur.
                                                                         ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Awnish Kumar, Advocate
                   For the Opposite Party/s :       Mr. Vikash Kumar, SC- 11
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                           and
                           HONOURABLE MR. JUSTICE RITESH KUMAR
                                         ORAL ORDER

                   (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3    27-01-2026                     Learned counsel for the petitioner seeks permission

                     to withdraw this application since the issue is pending before the

                     Hon'ble Apex Court.

                                  2. Learned counsel for the State has no objection to

                     the same.

                                  3. In view of the submission made by the learned

                     counsel for the petitioner, the application stands dismissed as

                     withdrawn.

                                                 (Sudhir Singh, J)


                                                 ( Ritesh Kumar, J)
Krishnakant/
Rajesh
U

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